Blue Wave Pool Recall: Compression Straps Create Drowning Risk – Injury Law Insights
Backyard pools offer a refreshing escape during the summer heat, but what happens when a seemingly harmless feature turns into a potential danger? In a recent announcement by the U.S. Consumer Product Safety Commission (CPSC), over 13,000 Blue Wave above-ground pools have been recalled due to a significant drowning risk. This recall highlights the importance of understanding product safety and the legal recourse available when negligence leads to potential harm.
The Alarming Reality: Compression Straps as a Drowning Hazard
The recall affects Blue Wave above-ground pools that are 48 inches and taller. The issue lies in the compression strap, also known as a reinforcing belt, that surrounds the outside of the pool. While intended to provide structural support, the CPSC has determined that this strap can act as a foothold, allowing children to climb into the pool, even if the ladder has been removed. This poses a significant drowning risk, especially for unsupervised children.
While, fortunately, there have been no reported deaths or injuries related to Blue Wave pools specifically, the CPSC notes that similar design flaws in other above-ground pool brands have resulted in at least nine deaths over the past 15 years. This statistic underscores the severity of the risk and the importance of taking immediate action if you own one of the recalled pools.
Which Blue Wave Pools Are Affected?
The recall includes 15 specific models of Blue Wave pools, encompassing approximately 13,400 individual products. These pools were sold at major retailers nationwide, including The Home Depot, Lowe’s, and Dunham’s Sports, as well as online through Amazon.com, Walmart.com, and Wayfair.com, between January 2021 and July 2025.
Here’s a list of the recalled models:
- NB19790
- NB19791
- NB19797
- NB19798
- NB19890
- NB19891
- NB19900
- NB19902
- NB19904
- NB19905
- NB19906
- NB19907
- NB19908
- NB19909
- NB19910
What Should You Do If You Own a Recalled Pool?
If you own one of the recalled Blue Wave pool models, the CPSC urges you to take the following steps immediately:
- Stop Using the Pool: Cease using the pool immediately to prevent any potential accidents.
- Secure the Area: Ensure that children cannot access the pool unattended. Alternatively, drain the pool completely until the repair kit is installed.
- Order a Free Repair Kit: Contact Blue Wave to request a free repair kit. The repair kit includes a modified strap system that eliminates the foothold hazard. You can contact Blue Wave by calling (800) 603-0475 from 9 a.m. to 5 p.m. CT Monday through Friday, emailing recall@bluewaveproducts.com, or visiting their website at www.bluewaveproducts.com/pages/recall.
Understanding Your Legal Options: Injury Law Insights
Product recalls are initiated when a product poses a safety risk to consumers. In the case of the Blue Wave pool recall, the drowning hazard associated with the compression straps raises serious concerns about product liability.
What is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, and retailers to ensure that their products are safe for consumers. When a product is defective and causes injury, those responsible can be held liable for damages.
Potential Legal Claims
If a child has been injured or, tragically, drowned due to the defective design of a Blue Wave pool, the family may have grounds for a product liability claim. Potential claims include:
- Design Defect: This claim alleges that the pool’s design was inherently dangerous, making it prone to causing injury.
- Failure to Warn: This claim asserts that the manufacturer failed to provide adequate warnings about the potential dangers associated with the pool.
- Negligence: This claim argues that the manufacturer was negligent in its design, manufacturing, or marketing of the pool.
Who Can Be Held Liable?
In a product liability case, multiple parties may be held liable, including:
- The Manufacturer: Blue Wave Products Inc. is the primary manufacturer and may be held liable for the defective design.
- Distributors: Companies that distributed the pools to retailers may also be liable.
- Retailers: Stores that sold the pools to consumers, such as The Home Depot, Lowe’s, and Amazon, may be held liable as well.
What Damages Can Be Recovered?
If a product liability claim is successful, the injured party may be able to recover damages, including:
- Medical Expenses: Compensation for all medical bills related to the injury.
- Pain and Suffering: Compensation for the physical and emotional distress caused by the injury.
- Lost Wages: Compensation for any lost income due to the injury.
- Wrongful Death: In the event of a drowning death, the family may be able to recover damages for funeral expenses, loss of companionship, and loss of future earnings.
The Importance of Legal Representation
Navigating a product liability claim can be complex and challenging. It is essential to seek legal representation from an experienced personal injury attorney who can:
- Investigate the Accident: Gather evidence to determine the cause of the injury and identify all liable parties.
- Negotiate with Insurance Companies: Handle communications with insurance companies and negotiate a fair settlement.
- File a Lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.
- Maximize Your Compensation: Work to maximize the compensation you receive for your injuries and losses.
Staying Safe Around Above-Ground Pools: Essential Safety Tips
Even with the repair kit installed, it’s crucial to prioritize pool safety. Here are some essential safety tips to prevent accidents and ensure a safe swimming environment:
- Supervise Children: Never leave children unattended near the pool, even for a moment.
- Install a Fence: Install a fence with a self-latching gate around the pool to prevent unsupervised access.
- Remove Ladders: When the pool is not in use, remove the ladder to prevent children from climbing into the pool.
- Learn CPR: Knowing CPR can be life-saving in the event of a drowning accident.
- Keep Safety Equipment Nearby: Keep a safety ring, shepherd’s hook, and other safety equipment readily available near the pool.
- Enforce Pool Rules: Establish and enforce clear pool rules, such as no running, diving, or horseplay.
Conclusion
The Blue Wave pool recall serves as a stark reminder of the potential dangers associated with defective products. By understanding the risks, taking appropriate action, and prioritizing safety, you can protect your family and prevent tragic accidents. If you or a loved one has been affected by a defective pool, don’t hesitate to seek legal representation to explore your options and pursue the compensation you deserve.